Consolidated Furniture Company v. Kelly

STEAKLEY, Justice.

The Court of Civil Appeals dismissed this appeal for want of jurisdiction because Petitioners’ appeal bond was filed more than thirty days after Petitioners original motion for new trial was overruled by operation of law. The dismissal rested principally on the holding that Petitioners’ amended motion for new trial filed July 10, 1961, was, in effect, a nullity because it was not filed “by leave of the court” as provided in Rule 329b, Sec. 2, Texas Rules of Civil Procedure, Vernon’s Ann.Civ.St. It was recognized by the Court of Civil Appeals that the appeal bond was timely…